On UN Day, it is crucial to reflect on Pakistan’s relentless pursuit of justice for the people of Jammu and Kashmir. The Kashmir dispute remains a potent symbol of unfulfilled promises, human rights violations, and defiance of international law. For 75 years, Pakistan has advocated for the Kashmiri people’s right to self-determination at the UN, emphasizing India’s ongoing violations of UN Security Council (UNSC) resolutions and grave human rights abuses.
The Kashmir dispute arose from the 1947 partition of British India, when princely states were given the choice to accede to either India or Pakistan based on geographic, demographic, and religious factors. Jammu and Kashmir, a Muslim-majority state ruled by a Hindu Maharaja, became a contested region. Amid an uprising, Maharaja Hari Singh controversially signed an Instrument of Accession with India. This conditional agreement required a plebiscite to determine Jammu and Kashmir’s future, a commitment made by India’s Prime Minister, Jawaharlal Nehru, under international supervision. On January 1, 1948, India took the issue to the United Nations, where a series of UNSC resolutions were passed.
UNSC Resolution 47, passed in 1948, was one of the key directives that called for a ceasefire, withdrawal of troops, and a plebiscite to allow Kashmiris to choose between India and Pakistan. Subsequent UNSC resolutions reiterated the need for a peaceful resolution through self-determination, including Resolutions 80 (1950) and 122 (1957), which reaffirmed Kashmir as a disputed territory requiring international mediation.
Despite these international efforts, India has consistently disregarded these resolutions. Instead of fulfilling its pledge to the UN and the people of Kashmir, India consolidated its control over the region, claiming that the Kashmir dispute was a bilateral issue to be resolved with Pakistan without international intervention. India’s actions represent a clear violation of international law, specifically UN Charter Articles 1 and 55, which uphold the right of peoples to self-determination.
Illegally Indian-occupied Jammu and Kashmir (IIOJK) has become one of the world’s most militarized zones, with more than 900,000 Indian soldiers stationed in the region. These troops operate under sweeping powers granted by the Armed Forces Special Powers Act (AFSPA), a draconian law that allows Indian forces to carry out operations with near-total impunity. Human rights organizations such as Amnesty International and Human Rights Watch have long documented the violations taking place under AFSPA, including extrajudicial killings, enforced disappearances, torture, and arbitrary detentions.
According to a 2019 report by the UN Office of the High Commissioner for Human Rights (OHCHR), Indian security forces have carried out “widespread and serious” human rights violations in Kashmir. From January 1989 to March 2020, over 100,000 Kashmiris have been killed, with more than 7,000 custodial deaths reported. Additionally, the use of pellet-firing shotguns by Indian forces has led to the blinding of hundreds of civilians, including children.
Women in Kashmir are particularly vulnerable, with reports of sexual violence being used as a weapon of war. In its 2020 report, the Jammu Kashmir Coalition of Civil Society (JKCCS) noted that over 11,000 cases of rape have been reported since 1990, yet almost none of the perpetrators have been brought to justice. This systemic impunity further aggravates the already dire situation in IIOJK.
The crisis in Kashmir deepened on August 5, 2019, when the Indian government unilaterally revoked Articles 370 and 35A of the Indian Constitution. The Modi-led Indian government created an atmosphere of fear by imposing a curfew, suspending all communication services, and deploying additional troops. In the days leading up to the move, India deployed 38,000 extra soldiers, canceled the Amarnath Yatra, shut down schools, and ordered tourists to leave. The media was heavily restricted, cutting IIOJK off from the world. Around 19,000 Kashmiris, including Hurriyat leaders and activists, were arrested, while over 8 million people were locked in their homes, facing a humanitarian crisis due to shortages of essential supplies. Under draconian laws like AFSPA, PSA, and UAPA, Indian forces intensified their crackdown, killing 660 Kashmiris and damaging over 1,092 homes by June 2023.
These provisions were revoked without consulting Kashmiris or their elected representatives. According to a report released by Kashmir Media Service, the territory has become the most militarized zone in the world with the presence of over one million Indian troops.
The situation in IIOJK post-2019 has drawn widespread international condemnation. The OHCHR expressed grave concerns over the excessive use of force, restrictions on freedom of expression, and lack of access to medical care. Since August 2019, at least 4,000 people, including political leaders, human rights activists, and minors, have been detained under the Public Safety Act (PSA), a law that allows for detention without charge or trial for up to two years.
Pakistan has consistently raised the Kashmir issue at the UN, using every opportunity to remind the international community of its moral and legal obligations. In recent years, Pakistan’s diplomatic efforts have intensified. During the 79th session of the United Nations General Assembly (UNGA), Prime Minister Shehbaz Sharif addressed the longstanding Kashmir dispute, criticizing the international community’s inaction and emphasizing the need for urgent resolution: “Kashmir remains a bleeding wound on the conscience of the world. The silence of global powers has allowed the suffering of millions of Kashmiris to continue.”
Pakistan has also worked closely with the UN Human Rights Council (UNHRC) to document the human rights abuses taking place in Kashmir. In its 2019 report, the OHCHR recommended the establishment of a Commission of Inquiry to investigate the violations in IIOJK, but India has consistently blocked any such initiative. Despite India’s defiance, Pakistan continues to urge the UN to uphold its resolutions and hold India accountable for its actions.
While Pakistan has been a consistent advocate for the Kashmiri cause, the international community’s response has been tepid at best. Geopolitical considerations, particularly India’s growing economic influence and strategic partnerships, have often taken precedence over concerns about human rights in Kashmir. The UN’s failure to enforce its own resolutions on Kashmir undermines its credibility and calls into question its ability to mediate long-standing conflicts.
As Pakistan’s advocacy for the right of Kashmiris to self-determination enters its 75th year, the urgency of resolving the Kashmir issue cannot be overstated. The region remains one of the most dangerous flashpoints in the world, with two nuclear-armed neighbors locked in a seemingly intractable dispute. Without a resolution, the cycle of violence and human rights abuses in Indian-occupied Jammu and Kashmir will continue, with grave consequences for regional and global peace.
